Commonwealth Numbered Acts

FAMILY LAW AMENDMENT ACT 1976 No. 63 of 1976 - SECT 5

5. Section 9 of the Principal Act is amended-

(a) by omitting from sub-section (2) the words ''the applicant'' and
substituting the words ''either party''; and

   (b)  by inserting after sub-section (7) the following sub-section:-

''(7A) Where, in any proceedings constituting a matrimonial cause, being
proceedings continued and dealt with in accordance with sub-section (1), a
decree nisi was made on or after 5 January 1976 and before the date of
commencement of this sub-section, being a decree that did not become absolute
before that last-mentioned date, or is made on or after the date of
commencement of this sub-section, then-

   (a)  except in the case of a decree made before the date of commencement of
        this sub-section in respect of which a relevant order was made under
        sub-section 71 (1) of the repealed Act before that date-section 63 of
        this Act applies in relation to the decree; and

   (b)  the decree becomes absolute upon-

        (i)    the expiration of one month from-

                (A)  in the case of a decree in respect of which a relevant
                     order was made under sub- section 71 (1) of the repealed
                     Act before the date of commencement of this sub-
                     section-the date of making of that order; or

                (B)  in any other case-the date of making of a relevant order
                     under section 63 of this Act; or

        (ii)   the date of commencement of this sub-section, whichever is the
               later.''.